Opinion
Argued November 16, 1956
Decided December 29, 1956
Trusts — Anthracite Health and Welfare Fund — Beneficiaries — Disabled coal miners — Terms fixed by trustees.
In this action in equity by a member of the United Mine Workers of America to compel the trustees of the Anthracite Health and Welfare Fund to pay him a pension, in which it appeared that he was a member of a union in District No. 7, that the trustees of the fund by resolution adopted December 29, 1950 provided that they would not give consideration to a pension application from a member from such district where such application is made by an applicant returning to the industry on and after June 1, 1946 "unless and until said applicant has been employed for one full year after the date of his reemployment in said industry" and that plaintiff did not meet such requirement, it was Held, that the court below had properly entered judgment for the defendants on the pleadings.
Before STERN, C. J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 225, Jan. T., 1956, from judgment of Court of Common Pleas of Luzerne County, Oct. T., 1955, No. 19, in case of Peter Stasukonis v. Thomas Kennedy et al. Judgment affirmed.
Same case in court below: 7 Pa. D. C.2d 169.
Equity.
Defendants' motion for judgment on the pleadings granted, opinion by VALENTINE, P. J. Plaintiff appealed.
George I. Puhak, with him Andrew I. Puhak, for appellant.
Frank J. Gormley, with him Martin B. Gormley, for appellees.
The judgment in the Court below is affirmed on the Opinion of President Judge VALENTINE, reported in 7 Pa. D. C.2d 169.